1. Terms of Service
- You warrant that you are 18 years of age or older.
- You warrant that you are a human, and not a computer service or automated “bot”.
- You warrant that you have provided accurate and valid information requested during the registration process.
- You warrant that you will use the Service only for lawful purposes. You must not violate any laws in your jurisdiction.
- You are prohibited from violating, or attempting to violate, the security of the Service, attempting to gain access to unauthorised information or in any way compromising the integrity, confidentiality or availability of the Service.
- Your warrant that you will not:
- cause technical disturbances to the Service, including, but not limited introduction of viruses, worms, or other destructive mechanisms;
- create a deceitful website to imply association with SafeStack or the Service;
- attempt to gain unauthorised access to any Service or SafeStack information other than the Service that you have been given express permission to access
- create or send verbal, physical, written or other abuse or unsolicited commercial communications (including threats of abuse or retribution or spam) to any SafeStack customer, employee, member, or officer; or
- reproduce, duplicate, copy, sell, assign, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of SafeStack.
- You understand that SafeStack uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and other technology required to run the Service.
- You must ensure that your password is strong and kept secure and confidential. You must tell us immediately if you think or know that someone has used or has access to your password or there has been some other security breach. You will be responsible for anything done using your username and password.
3. Registration and Payment
- In order to continue to using the Service on non-free plans, you must provide valid credit card details for paying accounts. Your credit card statement will show a payment to “SafeStack Limited”.
- The Service is billed in advance on a monthly or yearly basis and is non-refundable. There will be no refunds or credits for partial months of service, refunds for an upgrade/downgrade of plan level, or refunds for months unused with an open account.
- We will charge your credit card for any upgrade or downgrade in plan level at the new rate upon the start of your next billing cycle.
- SafeStack may change the fees charged for the Service at any time upon written notice to you.
- You may not withhold payment for any reason, or claim and set-off without our written consent.
- If you do not make full payment of any sum by the due date for that payment:
- SafeStack may charge default interest at the rate of 10% per annum calculated on a daily basis, until payment is made in full; and
- SafeStack may require you to pay all expenses and costs (including SafeStack’s legal costs) in connection with recovering any unpaid amount from you.
- The free trial will begin the day the account is opened and will end at the end of 14 days.
- In order to continue using the Service after the free trial a valid credit card must be added to your account via the Settings > Subscription & Billing.
- You must keep your contact details and credit card information up to date.
4. Account Termination
- You may cancel your accounts at any time by notifying SafeStack in writing. A request to SafeStack to cancel your account does not constitute a cancellation until confirmed by SafeStack, and SafeStack is not responsible for additional charges that you may incur if SafeStack does not receive your cancellation notice.
- If you cancel your account prior to the start of the next billing period, you will not be charged again. No refunds will be given for the month in which the Service is cancelled.
- If you breach these Terms, or if full and complete payment is not received by SafeStack by the due date for payment, SafeStack may, upon notice to you, terminate your account with immediate effect. Clause 4.4 shall apply upon such termination.
- Upon the termination of your account for any reason, all data you entered into the Service on that account will be deleted from the Service. You should retrieve any data you may need from your account before the account is terminated. Terminating an account is an irreversible process and the data cannot be recovered. SafeStack is not liable for any loss resulting from the termination of an account or the corresponding deletion of data.
- You acknowledge that SafeStack retains ownership of all right, title and interest to the Service, the Service design and documentation, and the intellectual property rights therein (including without limitation, all patent rights, design rights, copyrights and trade secret rights).
- You agree not to (i) copy, modify, or reverse engineer the Service hardware, software, or design, make derivative works based upon the Service, or use the Service to develop any Services, without SafeStack’s prior written approval or (ii) sell, license, rent, or transfer the Service to any third party. SafeStack (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, for suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service.
6. Scope of Service and Liability
- The Service will monitor and report to you on the general security of online third party technology providers which you have registered under your account and plan.
- The Service does not have access to or monitor your specific accounts with those providers, and cannot notify you on your particular account’s security.
- The Service will endeavour to notify you of security alerts within a reasonable time, bearing in mind the nature of the breach and the availability of trustworthy and reliable information.
- SafeStack will notify you of security breaches after the breach has occurred. It is your responsibility to properly protect your accounts in advance of any breach, and to take action if a breach comes to your attention. SafeStack is not liable for any security breaches of your accounts.
- If you choose to downgrade your account, SafeStack is not liable for the resulting loss of content, features, or capacity.
- The Dfend website (“Site”) or Service may be temporarily unavailable from time to time for maintenance or other reasons.
- SafeStack relies on the timeliness and accuracy of information provided by third parties, and so will not be liable to you for any incorrect, inaccurate or delayed notifications posted or omitted by the Service. Except in jurisdictions where such provisions are prohibited, in no event will SafeStack or any of SafeStack’s business associates (which for the purposes of these Terms include employees, suppliers, advertisers, referrers, etc.) be liable to you or any third party for any loss, damage, expense, injury or indirect, consequential, exemplary, incidental, special or punitive loss or damages, including also lost profits or loss of opportunity arising from your use of the Service, even if SafeStack has been advised of the possibility of such damages.
- Neither party shall be liable to the other for any delay or failure to perform any obligation (other than for payment) under the Terms or for any loss or damage (including indirect or consequential loss or damage) if such delay or failure is due to a “force majeure” event (as that term is commonly understood).
- You agree to indemnify and hold SafeStack, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service in violation of these Terms, or your violation of any law, or your violation of the rights of a third party.
- Where you enter into these Terms as a business, the warranties available under consumer legislation, including the Consumer Guarantees Act 1993, shall not apply.
- These Terms shall be construed and enforced in accordance with the laws of New Zealand and the parties submit to the exclusive jurisdiction of the New Zealand Courts.
- These Terms constitute the entire agreement between the parties with respect to its subject matter and supersedes all previous understandings, arrangements, agreements and communications.